webeeui-hero-2-colDoping
Doping : Defense and legal support for athletes
Your situation is urgent
Procedural deadlines are strict, test methodology is complex, and the stakes are high for your career. Whether you're dealing with the AFLD, WADA, ITA, ITIA or an international federation, you need a lawyer who has a thorough understanding of these procedures.
Specific legislation and procedures
Cabinet Bertrand has been defending athletes against doping accusationsfor many years. Our exclusive expertise in sports law and in-depth knowledge of anti-doping procedures enable us to build your defense, challenge the methodology of testing and obtain the reduction or cancellation of your sanction.
Time limits for appeals
For an even more effective defense, it is advisable to contact the firm as soon as the procedure is initiated, even if there is any doubt about a possible breach of anti-doping regulations (risk of positive test, TUE application, etc.).
webeeui-centered-3-colWhat's your situation?
Anti-doping proceedings can take place at any point in your sporting career. Whatever your situation, we analyze the facts, the applicable texts and the avenues of appeal to build your defense.
Is your case not listed below? Contact us: each case is unique.
Positive test (Abnormal Analysis Result)
Have you just received notification of an Abnormal Analysis Result (AAR)? You need to react quickly to preserve your rights of defense.
Situations concerned:
- Notification of an AAR (prohibited substance, metabolite, marker)
- Request to open and analyze the B sample
- Drafting of written observations to the AFLD College
- Identification of the source of the substance (medication, supplement, contamination)
- Preparation of defense file (evidence, testimony, expert reports)
- ...
Anti-doping rules infringement procedure
Are you being prosecuted for an anti-doping rule violation before the AFLD, an international federation or a foreign anti-doping agency?
Situations concerned:
- Presence of a prohibited substance (Art. 2.1 CMA)
- Use or attempted use (Art. 2.2 CMA)
- Refusal or evasion of a test (Art. 2.3 CMA)
- Whereabouts (Art. 2.4 CMA)
- Falsification or attempted falsification (Art. 2.5 CMA)
- Possession, trafficking, administration or complicity
- ...
Temporary suspension
Are you provisionally suspended pending a decision on the merits of your case? Your career has been interrupted and you wish to have this measure lifted?
Situations concerned :
- Notification of a mandatory provisional suspension (unspecified substance)
- Notification of an optional provisional suspension (specified substance)
- Request to the AFLD President for suspension to be lifted
- Request to maintain training activities
- Preparation for meeting with AFLD President
- ...
Therapeutic Use Exemption (TUE)
Are you undergoing medical treatment involving a prohibited substance? Has your TUE application been refused? Would you like to contest this decision?
Situations concerned:
- Constitution of medical file (diagnosis, examinations, attestations)
- Prior TUE application (before treatment)
- Retroactive TUE application (medical emergency, amateur athlete)
- Identification of the competent authority (AFLD or international federation)
- Appeal against a TUE refusal before the competent body
- ...
Administrative Composition Agreement
Have you received a proposal for an administrative composition from the AFLD? You need to decide quickly whether to accept it or prefer to contest before the Sanctions Commission.
Situations concerned :
- Analysis of the AFLD sanction proposal
- Assessment of benefits and risks (reduced sentence vs. admission of guilt)
- Negotiation of the proposed duration of suspension
- Decision to accept or refuse
- Prompt acknowledgement within 20 days (automatic one-year reduction)
- ...
Whereabouts violations
Are you a Target Group athlete who has been notified of a Whereabouts Failure? You risk a sanction after three breaches in 12 months.
Situations concerned:
- Notification of a Filing Failure (incomplete or erroneous declaration)
- Notification of a "Missed Test" (absence from the 60-minute slot)
- Contesting a failure with the AFLD or the international federation
- Preventive defense before the 3rd breach
- Procedure after 3 breaches in 12 months (equivalent to a positive test)
- ...
webeeui-left-split-toggleOur interventions by profile
Professional athletes facing anti-doping proceedings
Who we represent
Individual sports :
- Tennis
- Athletics (sprint, middle-distance, long-distance, jumps, throws)
- Cycling (road, track, mountain bike)
- Boxing and combat sports
- Weightlifting and bodybuilding
- Swimming and water sports
- Equestrian sports and jockeys (horse riding)
- Skiing and winter sports
- Triathlon
- ...
Team sports :
- Soccer (Ligue 1, Ligue 2, National, foreign leagues)
- Rugby (Top 14, Pro D2)
- Basketball (Betclic Élite, Pro B)
- Handball, volleyball, ice hockey
- Water polo
- ...
Our support
- ✅ As soon as you are notified of an Abnormal Analysis Result (AAR): Immediate analysis of the control circumstances, chain of custody and analytical methodology.
- ✅ Request to open the B sample: Assistance in exercising this right within the deadline (depending on the case, 5 days - Code du sport Art. R232-88 - or 10 days - TADPArt. 7.12.5.1), presence at the analysis if desired
- ✅ Drafting of written observations: Preparation of legal arguments for the AFLD College or international body (20 days)
- ✅ Identification of the source: Research into the origin of the substance (drug, food supplement, cross-contamination, third-party contamination). This is the essential prerequisite for demonstrating the absence of intent and reducing the penalty.
- ✅ Defense against all violations of the World Anti-Doping Code:
- Presence of a prohibited substance (Art. 2.1)
- Use or attempted use (Art. 2.2)
- Refusal or evasion of a test (Art. 2.3)
- Failure to locate (Art. 2.4)
- Falsification or attempted falsification (Art. 2.5)
- Possession, trafficking, administration, complicity (Art. 2.6 to 2.10)
- ✅ Negotiation of administrative composition: Analysis of AFLD's proposal, advice on whether to accept (reduced sentence, rapid admission -1 year) or to contest before the Sanction Commission.
- ✅ Representation before authorities: Defense before the AFLD College, the Sanctions Commission, international federations (FIFA, UCI, World Athletics) or delegated agencies (ITA, AIU)
- ✅ Appeals: Appeal before CAS (international athletes) or the Conseil d'État (national athletes)
What sanctions do you risk?
The standard sanction is 4 years' suspension for non-specified substances (anabolic steroids, EPO, growth hormones) and 2 years for specified substances (stimulants, corticoids, diuretics).
These penalties may be reduced according to your degree of fault:
- Slight fault: 0 to 12 months (exceptional circumstances, proven contamination with precautions taken)
- Normal fault: 12 to 24 months (classic negligence, absence of thorough verification)
- Significant fault: around 4 years (gross negligence, black market purchase)
How does the anti-doping defense work?
The anti-doping system is based on strict liability: you are responsible for any substance found in your body, regardless of how it entered. Once a positive test has been established, the burden of proof reverses: it's up to you to demonstrate extenuating circumstances on a"balance of probabilities" basis (your explanation must be more likely than not, i.e. >50%).
Intention does not count in establishing infringement, but it is decisive in determining the penalty. This is why identifying the exact source of the substance is essential to reduce the length of your suspension.
Amateur and U23 athletes
Who do we represent?
- Licensed amateur athletes (all disciplines)
- Athletes registered on ministerial high-level lists
- Hopefuls and young people in training (training centers, poles)
- Participants in regional, national or international competitions
Our support
- ✅ Defense adapted to your level of practice: We take into account your experience, your environment and the anti-doping training you have received (or not received).
- ✅ Valuing extenuating circumstances: Young age, lack of anti-doping training, isolation, language problems, pressure from management
- ✅ Representation before the AFLD College and Sanction Commission: Full defense at all stages of the procedure.
- ✅ Analysis of the administrative composition proposal: Advice on whether to accept or refuse, depending on your situation.
- ✅ Retroactive TUE application: If you are an amateur athlete (neither national nor international level), you can apply for a TUE after the test.
- ✅ Managing the consequences: Maintaining financial support, registration on high-level lists, continuing training, etc.
What factors are taken into account when modulating your sanction?
The Court of Arbitration for Sport evaluates two types of factors to determine your degree of fault:
Objective factors (your diligence):
- Did you read the product's composition and label?
- Did you consult a specialized database (Global DRO, AFLD appliance)?
- Did you inform your doctor that you were a sportsperson subject to anti-doping rules?
- Does the product come from a reliable source (approved pharmacy) or a dubious one (Internet, foreign country)?
Subjective factors (your profile):
- Your experience (champion vs. young hopeful)
- Your environment (isolation, pressure)
- Your anti-doping education (training)
Applications for Therapeutic Use Exemptions (TUEs) and appeals against refusals
Who do we represent?
- Athletes requiring medical treatment involving a prohibited substance
- Athletes whose TUE application has been refused by the AFLD or their international federation
- Athletes wishing to contest a TUE refusal before appeal bodies
Our support
- ✅ Identification of the competent authority:
- International-level athlete → International Federation (FIFA, UCI, World Athletics, etc.)
- National-level athlete → AFLD
- ✅ Constitution of medical file: Compilation of tangible clinical evidence (imaging, blood tests, functional tests, specialist attestations)
- ✅ Drafting of TUE application: Argumentation of the 4 cumulative criteria required by the International Standard.
- ✅ Retroactive TUE application: In the event of a proven medical emergency (SAMU, hospital emergencies) or for amateur athletes
- ✅ Recourse in the event of TUE refusal:
- Challenge before the WADA TUE Committee (TUEC)
- Appeal to the Court of Arbitration for Sport (CAS)
- ✅ Follow-up and renewal: Anticipating deadlines, updating the medical file
What are the 4 cumulative criteria for obtaining a TUE?
The committee of independent medical experts will only issue a TUE if all these conditions are met:
- Proven medical diagnosis: Tangible clinical evidence (not just a pain report)
- No authorized therapeutic alternative: Justification of the impossibility of using an authorized treatment.
- No improvement in performance: treatment must produce no benefit beyond return to normal state of health
- No consequence of previous illegal use: A TUE cannot be requested to treat the effects of previous doping.
⚠️ Important: A simple medical prescription is never sufficient to justify a positive test. Authorization must be obtained prior to treatment, except in the case of a vital medical emergency.
webeeui-three-tiersBodies and jurisdictions we represent you in
Cabinet Bertrand represents you before all the competent authorities in the fight against doping, from national to international level.
🇫🇷 French authorities
French Anti-Doping Agency (AFLD)
- AFLD College: Notification of grievances, examination of case file, receipt of written observations
- AFLD Presidency: Interview in the event of provisional suspension, request for lifting of suspension
- Sanction Commission: Oral hearing, decision on sanction (body independent of the College)
- Administrative composition procedure: Negotiation of an amicable settlement with reduced sanction
- AFLD TUE Committee: Applications for Therapeutic Use Exemptions (national level)
Council of State
- Appeals on points of law against decisions of the Sanction Commission (national athletes)
🌍 International bodies
Court of Arbitration for Sport (CAS)
- Appeals against AFLD decisions (international athletes)
- Appeals against decisions by international federations
- Appeals against TUE refusals
- Emergency procedure (provisional measures, lifting of suspension)
Specialized agencies and bodies
- ITIA (International Tennis Integrity Agency): Tennis
- ITA (International Testing Agency): Athletics, swimming, cycling, etc.
- International federations: FIFA, UEFA, UCI, FIBA, World Rugby, etc.
- AIU (Athletics Integrity Unit) : World Athletics
Foreign national agencies
- NADO Italia (Italy)
- USADA (United States)
- UK Anti-Doping (United Kingdom)
- Other NADO
World Anti-Doping Agency (WADA)
- Appeals against national decisions deemed too lenient
- TUE Committee (TUEC): Appeals against TUE denials
⚖️ State courts
In France
- Conseil d'État (appeal in cassation)
- Criminal courts (parallel prosecutions for trafficking, administration to others)
International
- Swiss Federal Court (appeals against CAS awards for serious procedural errors)
Important note: Samples can be stored and frozen for up to 10 years for future re-analysis. Technological advances have made it possible to detect substances that were undetectable at the time of the initial test. Proceedings can therefore be opened several years after the fact.
webeeui-nested-featuresWhy choose Cabinet Bertrand?
Every sporting issue requires specific legal expertise. Identify below the situation that corresponds to your immediate needs. Our expert sports lawyers will support you with a tailor-made approach, whether your case is urgent or requires a long-term strategy.
OUR DIFFERENTIATING EXPERTISE
Our anti-doping expertise
Over 50 years of exclusive experience in sports law give us in-depth knowledge of anti-doping procedures, their evolution and CAS case law.
Our strengths:
- Mastery of the French Sports Code and the World Anti-Doping Code (versions 2015, 2021 and updates)
- Knowledge of AFLD procedures (College, Sanction Commission, administrative composition)
- Experience of WADA procedures, international federations and delegated agencies (ITA, AIU, ITIA)
- Experience of hearings before the Court of Arbitration for Sport in Lausanne
- Proprietary case law
- Network of experts (toxicologists, sports physicians, accredited laboratories)
Recent awards :
- Trophée d'Or Sommet du Droit 2024 and 2025
- Palmarès du Droit Gold Medals (2021, 2022, 2024, 2025)
- Incontournable" ranking - Décideurs Magazine (since 2011)
OUR DEFENSE METHODOLOGY
1. Immediate analysis of the case
Examination of the circumstances of the test, the chain of custody, the analytical methodology, your medical history and your profile (experience, anti-doping training).
2. Identification of the source
This is the linchpin of any defense. Without identifying the exact source of the substance, it is virtually impossible to demonstrate the absence of intent and reduce the sanction from 4 years to 2 years or less ( Chilard jurisprudence: 4 years confirmed for lack of identified source).
3. Qualifying the degree of fault
Application of CAS methodology ( Cilic, Errani):
- Assessment of objective factors (diligence, checks carried out)
- Assessment of subjective factors (experience, environment, training)
- Classification: slight fault (0-12 months), normal fault (12-24 months) or significant fault (around 4 years)
4. Representation and negotiation
Defense before the AFLD College and Sanction Commission, analysis of proposed administrative composition, negotiation for maximum sanction reduction.
5. Appeal if necessary
Appeal to CAS (international athletes) or Conseil d'Etat (national athletes) in the event of an unfavorable decision.
webeeui-faqFAQ : Doping and anti-doping procedures
What should I do if I test positive for doping?
As soon as you receive notification of an Adverse Analytical Finding (AAR), you must act quickly. You generally have 5 days to request the opening and analysis of the B sample, and 20 days to submit your written observations to the AFLD or the international body.
The first step is to identify the source of the substance (drug, food supplement, contamination). This is the essential prerequisite for demonstrating the absence of intent and hoping for a reduction in sanction. Gather all the evidence you can: prescriptions, invoices, product boxes (even empty ones), batch numbers. An experienced anti-doping lawyer can help you build a solid defense and identify the arguments that will enable you to reduce or cancel the sanction.
How does a procedure before the AFLD work?
The procedure takes place in several stages, with a strict separation between the prosecuting body (Collège) and the judging body (Commission des sanctions):
- Notification of the AAR: You receive notification of the abnormal analysis result.
- B sample: You can request the opening and analysis of the B sample (10 days)
- Written comments: You present your arguments to the AFLD College (20 days)
- Notification of grievances: The College formally notifies you of the grievances it has upheld.
- Administrative composition: The College may propose an out-of-court settlement with a negotiated sanction.
- Sanction Commission: If you refuse the composition or if it is not proposed, your file is forwarded to the Commission for an adversarial hearing.
- Decision: The Commission renders its decision
- Appeal: You can appeal to the Conseil d'Etat (national level) or CAS (international level).
What is an administrative composition and do I have to accept it?
The administrative composition is an amicable agreement procedure proposed by the AFLD College. It enables the procedure to be terminated without a hearing before the Sanction Commission, in exchange for acceptance of a negotiated sanction.
Advantages: Rapidity, possible reduction in penalty (in particular with rapid admission -1 year if accepted within 20 days), savings in procedural costs, end of uncertainty.
Risks: The agreement constitutes a definitive admission of guilt. You won't be able to contest the violation afterwards.
We analyze each proposal in the light of the circumstances of your case, and advise you on whether or not to accept it. In some cases, appealing to the Commission may result in a lighter sanction; in others, composition is the best option.
Can I reduce my sanction for doping?
Yes, the sanction can be significantly reduced depending on your situation. Here are the reduction mechanisms:
1. Proving absence of intent: For non-specified substances (steroids, EPO), this reduces the sanction from 4 years to 2 years. Identification of the source is generally essential.
2. Demonstrate a limited degree of fault: According to CAS jurisprudence, the sanction is then modulated:
- Light misconduct: 0 to 12 months (standard: 6 months)
- Normal misconduct: 12 to 24 months (standard: 18 months)
- Significant misconduct: around 4 years
3. Benefit from rapid admission: If you admit the violation and accept the sanction within 20 days of notification, you obtain an automatic reduction of one year (article 10.8.1 of the CMA).
4. Proving contamination: If the substance came from a contaminated product (food supplement, defective drug), the penalty can range from a simple reprimand (0 months) to 2 years, depending on the precautions you took.
Which substances are most frequently detected?
According to recent statistics (AFLD 2023 report), here's the breakdown of substances detected across all disciplines:
- Anabolic agents: 30% (testosterone, nandrolone, stanozolol)
- Stimulants: 17% (amphetamines, cocaine, pseudoephedrine)
- Glucocorticoids: 13% (infiltrations, creams, anti-inflammatory tablets)
- Diuretics and masking agents: 9% (furosemide, used to lose weight or mask other substances)
- Beta-2 agonists: 4% (salbutamol/Ventolin in excessive doses)
Anabolics remain the "persistent scourge" of doping worldwide, despite decades of struggle. A significant proportion of cases involving stimulants involve festive use (cocaine, MDMA) or unfortunate self-medication (cold remedies).
Can dietary supplements cause a positive test?
Food supplements are the leading cause of accidental positive drug tests in amateur and professional sport. The risks are manifold:
- Cross-contamination: a legal product may be manufactured on the same production line as steroids.
- Incomplete or misleading labelling: Some manufacturers add undeclared substances to make their product more "effective".
- Inadequate regulation: Unlike drugs, the supplements industry is poorly regulated.
The implacable rule: By virtue of strict liability, contamination of a product does not exonerate the athlete. You remain responsible for what you ingest. At best, proving contamination will reduce the penalty ( Sinner jurisprudence: 3 months, Swiatek: 1 month), but rarely cancel it.
Precautionary advice:
- Choose certified products: NF V94-001 (France), Informed Sport (UK/International), NSF Certified for Sport (USA).
- Always keep boxes (even empty ones), batch numbers and invoices.
- Have all new products validated by your club's sports doctor
- Beware of buying over the Internet (USA, China): "100% natural" does not mean "non-doping".
What is the substance of abuse regime (cocaine, cannabis, MDMA)?
Since the 2021 Code, substances of abuse (cocaine, cannabis/THC, MDMA, heroin) have benefited from a specific regime recognizing the distinction between performance doping and recreational use.
Standard sanction: 3-month suspension (instead of 2 years) if you can prove that:
- The drug was taken out of competition
- Taking was not related to sporting performance (recreational use)
Reduced sanction: 1 month if you agree to follow a treatment or awareness program validated by the AFLD.
Warning: metabolites of these substances (notably THC) can remain in the body for a long time, and can be detected during competition, even if consumption took place several days beforehand. The burden of proof is on you to demonstrate that the conditions of the special regime have been met.
Can samples be re-analyzed years later?
Yes, samples taken during doping controls can be stored and frozen for up to 10 years for future re-analysis. Technological advances have made it possible to detect substances that were undetectable at the time of the initial test.
This means that disciplinary proceedings can be initiated several years after the fact, on the basis of a positive re-analysis. This rule is designed to dissuade athletes from betting on the technological limits of the moment.
Tip: Keep your own evidence (prescriptions, supplements, invoices) for at least 10 years after each test.
How much do legal fees for anti-doping proceedings cost?
Fees depend on the complexity of the case, the court involved and the time required to prepare your defense. A procedure before the AFLD does not involve the same stakes as an appeal before the CAS in Lausanne.
During our free 15-minute consultation, we analyze your situation and give you a detailed estimate. We offer a range of fees (fixed fee, hourly fee, result fee) adapted to your situation and means.